Madras High CourtCRL OP/29529/2015modified

Krishnamoorthy v. The State Rep. By

2015-12-14Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29529 of 2015 1.Krishnamoorthy 2.Magesh 3.M.Sathishkumar

...Petitioners/Accused

Vs The State rep. by The Inspector of Police, Maraimalai Nagar Police Station, Chennai.

...Respondent/Complainant

(Crime No.865 of 2015) Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condition imposed on the petitioner order passed by the Principal Sessions Court, Kancheepuram District at Chengalpattu, in Crl.M.P.No.2986 of 2015 dated 23.11.2015.

For Petitioners : Mr.S.Sugendran For respondent : Mr.C.Emalias, Addl.Public Prosecutor

ORDER

The present criminal original petition has been filed to modify the condition imposed on the petitioners in the order passed by the Principal Sessions Court, Kancheepuram in Crl.M.P.No.2986 of 2015 dated 23.11.2015.

2. While granting bail to the petitioners in Crl.M.P.No.2986 of 2015, the learned Principal Sessions Judge, Kancheepuram imposed a condition that the petitioners shall deposit a sum of Rs.25,000/- each before the learned Judicial Magistrate No.II, Chengalpattu. Now, the petitioners have come up with the present petition seeking to modify the said condition stating that the said condition is onerous one and since they are very poor, they are not able to deposit the said amount.

3. Learned Additional Public Prosecutor submitted that petitioners, along with the co-accused committed trespass and demolished the building with the help of JCB and caused damage to the tune of Rs.3,00,000/-. Thus, he opposed to modify the condition. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the facts and circumstances, the condition imposed by the learned Principal Sessions Judge, Kancheepuram in Crl.M.P.No.2986 of 2015 dated 23.11.2015 is modified to the effect that the petitioners shall deposit a sum of Rs.10,000/- each instead of Rs.25,000/- before the learned Judicial Magistrate No.II, Chengalpattu, to the credit of Crime No.865 of 2015. Except this modification, all other conditions imposed by the learned Principal Sessions Judge, Kancheepuram remain unaltered. The criminal original petition is ordered accordingly.

sbi Sd/- Assistant Registrar (IV) /True Copy/ Sub-Assistant Registrar To

1. The Principal Sessions Judge, Kancheepuram District at Chengalpattu

2. The Inspector of Police, Maraimalai Nagar Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

4. The Judicial Magistrate NO.II, Chengalpattu +1 C.C. To MR.S.Sugendran, Advocate in SR.NO.67463 Crl.O.P.No.29529 of 2015 GR(CO) sd : 23/12/2015 https://hcservices.ecourts.gov.in/hcservices/